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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br />Governmental Authority, (1) such portion or provision shall be deemed separate and <br />independent, (2) the Parties shall negotiate in good faith to restore, insofar as <br />practicable, the benefits to each Party that were affected by such ruling, and (3) the <br />remainder of this Agreement shall remain in full force and effect. <br /> <br />18.Subcontractors <br />18.1.Nothing in this Agreement shall prevent a Party from utilizing the services of any <br />subcontractor as it deems appropriate to perform its obligations under this <br />Agreement; provided, however, that each Party shall require its subcontractors <br />to comply with all applicable terms and conditions of this Agreement, in <br />providing such services and each Party shall remain primarily liable to the other <br />Party for the performance of such subcontractor. <br /> <br />18.2.The creation of any subcontract relationship shall not relieve the hiring Party of <br />any of its obligations under this Agreement. The hiring Party shall be fully <br />responsible to the other Parties for the acts or omissions of any subcontractor <br />the hiring Party hires, as if no subcontract had been made; provided, however, <br />that in no event shall the Area EPS Operator or the Transmission Provider be <br />liable for the actions or inactions of the Interconnection Customer or its <br />subcontractors with respect to obligations of the Interconnection Customer <br />under this Agreement. Any applicable obligation imposed by this Agreement, <br />upon the hiring Party, shall be equally binding upon, and shall be construed as <br />having application to, any subcontractor of such Party. <br /> <br />18.3.The obligations under this article will not be limited in any way by any limitation <br /> <br /> <br />M-MIP Transmission System Impact Study Agreement - February 2019 6 <br /> <br />276 <br />